3 (1) In the absence of a written agreement to the contrary, a repairer has a lien against an article that the repairer has repaired for an amount equal to one of the following, and the repairer may retain possession of the article until the amount is paid: 1.  The amount that the person who requested the repair agreed to pay. 2.  Where no such amount has been agreed upon, the fair value of the repair, determined in accordance with any applicable regulations. 3.  Where only part of a repair is completed, the fair value of the part completed, determined in accordance with any applicable regulations. 2014, c. 9, Sched. 4, s. 2 (1). When lien arises (2) A repairer’s lien arises and takes effect when the repair is commenced, except that no repairer’s lien arises if the repairer was required to comply with sections 56 and 57, subsection 58 (1) and section 59 of the Consumer Protection Act, 2002, if applicable, and the repairer has not done so.  2006, c. 19, Sched. G, s. 10 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 3 (2) of the Act is repealed and the following substituted: (See: 2023, c. 23, Sched. 1, s. 117 (1)) When lien arises (2) A repairer’s lien arises and takes effect when the repair is commenced, except that no repairer’s lien arises if the repairer was required to comply with the prescribed provisions of the regulations made under the Consumer Protection Act, 2023, if applicable, and the repairer has not done so. 2023, c. 23, Sched. 1, s. 117 (1). Tow and storage services (2.0.1) Except as otherwise provided for in the regulations, if the repair includes one or more tow and storage services in respect of which Part VI.1 of the Consumer Protection Act, 2002 applies, no lien arises with respect to those services if the repairer fails to comply with the prescribed provisions of that Part, if any. 2014, c. 9, Sched. 4, s. 2 (2). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, subsection 3 (2.0.1) of the Act is repealed and the following substituted: (See: 2021, c. 26, Sched. 3, s. 68 (1)) Towing and vehicle storage services (2.0.1) Except as otherwise provided for in the regulations, if the repair includes one or more towing services or vehicle storage services regulated under the Towing and Storage Safety and Enforcement Act, 2021, no lien arises with respect to those services if the repairer fails to comply with the prescribed provisions of that Act, if any. 2021, c. 26, Sched. 3, s. 68 (1). Amount of lien (2.1) In cases where Part VI of Consumer Protection Act, 2002 applies, the amount of a repairer’s lien under subsection (2) shall not exceed, (a)  the amount that the repairer is authorized to charge for the repair under subsection 58 (2) and section 64 of the Consumer Protection Act, 2002, if those provisions apply to the repairer; and (b)  the maximum amount authorized by the person who requested the repair, if section 56 of the Consumer Protection Act, 2002 applies to the person.  2006, c. 19, Sched. G, s. 10 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 3 (2.1) of the Act is repealed and the following substituted: (See: 2023, c. 23, Sched. 1, s. 117 (2)) Amount of lien (2.1) In cases where the prescribed provisions of the regulations made under the Consumer Protection Act, 2023 apply, the amount of a repairer’s lien under subsection (2) shall be determined in accordance with the requirements prescribed for the purposes of this subsection, if any. 2023, c. 23, Sched. 1, s. 117 (2). Amount, tow and storage (2.2) In cases where Part VI.1 of the Consumer Protection Act, 2002 applies, the amount of a repairer’s lien under subsection (2) with respect to tow and storage services shall be determined in accordance with the prescribed requirements, if any. 2014, c. 9, Sched. 4, s. 2 (2). Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, subsection 3 (2.2) of the Act is repealed and the following substituted: (See: 2021, c. 26, Sched. 3, s. 68 (2)) Amount, towing and vehicle storage (2.2) In cases where the Towing and Storage Safety and Enforcement Act, 2021
applies, the amount of a repairer’s lien under subsection (2) with respect to towing services or vehicle storage services shall be determined in accordance with the prescribed requirements, if any. 2021, c. 26, Sched. 3, s. 68 (2). Disposition (3) A repairer has the right to sell an article that is subject to a lien in accordance with Part III (Redemption, Sale or Other Disposition) upon the expiration of the sixty-day period following the day, (a)  on which the amount required to pay for the repair comes due; or (b)  on which the repair is completed, if no date is stated for when the amount required to pay for the repair comes due.  R.S.O. 1990, c. R.25, s. 3 (3). Deemed possession (4) For the purposes of this Act, a repairer who commences the repair of an article that is not in the repairer’s actual possession shall be deemed to have gained possession of the article when the repair is commenced and shall be deemed to have given up possession when the repair is completed or abandoned.  R.S.O. 1990, c. R.25, s. 3 (4). Idem (5) A repairer who, under subsection (4), is deemed to have possession of an article may remove the article from the premises on which the repair is made.  R.S.O. 1990, c. R.25, s. 3 (5). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 20 (1)
- no effect - see 2006, c. 19, Sched. G, s. 6 - 22/06/2006 2006, c. 19, Sched. G, s. 10 (1) - 22/06/2006 2014, c. 9, Sched. 4, s. 2 (1) - 01/07/2016; 2014, c. 9, Sched. 4, s. 2 (2) - 01/01/2017 2021, c. 26, Sched. 3, s. 68 (1, 2) - 01/01/2024 2023, c. 23, Sched. 1, s. 117 (1, 2) - not in force